Prosecuting Sexual Violence in Correctional Settings: Examining Prosecutors' Perceptions

3 Criminal Law Brief, Spring 2008, at 19

10 Pages Posted: 1 Mar 2014

See all articles by Brenda V. Smith

Brenda V. Smith

American University - Washington College of Law; American University - NIC/WCL Project on Addressing Prison Rape

Jaime M. Yarussi

American University Washington College of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2008

Abstract

The Prison Rape Elimination Act of 20031 (PREA) is the first piece of federal legislation, which expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law the (the NIC/WCL Project) collected data from state and federal prosecutors. This article draws on that research and data to examine the perception that prosecutors are unwilling to prosecute cases of sexual violence in custody, discusses barriers to prosecution identified by prosecutors regarding investigating and prosecuting allegations of sexual abuse of persons under correctional supervision, and recommends tools to overcome those barriers.

Keywords: Prison Rape Elimination Act, prosecutors, training

Suggested Citation

Smith, Brenda V. and Yarussi, Jaime M., Prosecuting Sexual Violence in Correctional Settings: Examining Prosecutors' Perceptions (2008). 3 Criminal Law Brief, Spring 2008, at 19, Available at SSRN: https://ssrn.com/abstract=2402291

Brenda V. Smith (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

American University - NIC/WCL Project on Addressing Prison Rape ( email )

4801 Massachusetts Avenue, NW
Washington, DC 20011
United States

Jaime M. Yarussi

American University Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016

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